Summary Notice of Pendency of Class Action and Proposed Settlement in Dutton v Harris Stratex Class Action

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Jul 11, 2011, 09:00 ET

NEW YORK, July 11, 2011 /PRNewswire/ -- Kirby McInerney LLP is issuing the following statement regarding the Dutton v Harris Stratex Action:

UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

DUTTON V HARRIS STRATEX NETWORKS, INC., et al. (current NASDAQ ticker: AVNW; current name: Aviat Networks, Inc.; former NASDAQ ticker: HSTX) CLASS ACTION, 1:08-cv-00755-LPS

Summary Notice

TO: ALL PERSONS WHO ACQUIRED THE PUBLICLY-TRADED COMMON STOCK OF HARRIS STRATEX NETWORKS, INC. ("HSTX") (TRADING SYMBOLNASDAQ: HSTX) BETWEEN JANUARY 29, 2007 AND JULY 30, 2008, INCLUSIVE, INCLUDING FORMER SHAREHOLDERS OF STRATEX NETWORKS, INC. WHO ACQUIRED SHARES OF HSTX PURSUANT OR TRACEABLE TO HSTX'S REGISTRATION STATEMENT AND PROSPECTUS THAT BECAME EFFECTIVE ON JANUARY 8, 2007:

YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the District of Delaware, that a hearing will be held on September 16, 2011, at 1:00 p.m., before the Honorable Leonard P. Stark at the United States Courthouse, J. Caleb Boggs Federal Building, 844 N. King Street, Courtroom 6B, Wilmington, DE 19801-3556, for the purpose of determining (1) whether the proposed settlement for the sum of Eight Million Nine Hundred Thousand Dollars ($8,900,000) in cash should be approved by the Court as fair, reasonable and adequate; (2) whether, after the hearing, this Litigation should be dismissed with prejudice pursuant to the terms and conditions set forth in the Stipulation of Settlement dated as of May 31, 2011; (3) whether the Plan of Allocation is fair, reasonable, and adequate and should be approved; and (4) whether the application of Class Counsel for the payment of attorneys' fees and reimbursement of expenses incurred in this Litigation should be approved.

If you acquired the publicly-traded common stock of HSTX between January 29, 2007 and July 30, 2008, inclusive, your rights may be affected by the settlement of this Litigation. If you have not received a detailed Notice of Pendency and Proposed Settlement of Class Action ("Notice") and a copy of the Proof of Claim and Release, you should obtain copies by writing to Dutton v. Harris Stratex Networks, Inc. et al, Claims Administrator, c/o Analytics, Inc., P.O. Box 2004, Chanhassen, MN 55317-2004 or by visiting the website of the Claims Administrator at www.HarrisStratexSecuritiesLitigation.com. The Notice contains details about this Litigation and settlement, including what you must do to exclude yourself from the settlement, object to the terms of the settlement, or file a Proof of Claim. If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release postmarked no later than September 19, 2011 establishing that you are entitled to recovery.

If you desire to be excluded from the Class, you must submit a Request for Exclusion postmarked by August 26, 2011, in the manner and form explained in the detailed Notice referred to above. All Members of the Class who have not timely and validly requested exclusion from the Class will be bound by any judgment entered in the Litigation pursuant to the terms and conditions of the Stipulation of Settlement. Your objection(s) must be mailed on or before August 26, 2011 to: the Court; Kirby McInerney LLP; and Bingham McCutchen LLP on behalf of the Defendants, at the following addresses:

COURT:
Office of the Clerk
United States District Court for the District of Delaware
844 N. King Street Unit 18
Wilmington, DE 19801-3570

FOR NAMED PLAINTIFFS:
IRA M. PRESS
KIRBY McINERNEY LLP
825 Third Avenue, 16th Floor
New York, NY 10022

FOR DEFENDANTS:
JOHN D. PERNICK
BINGHAM McCUTCHEN LLP
Three Embarcadero Center
San Francisco, CA 94111

PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. If you have any questions about the settlement, you may contact Class Counsel for Named Plaintiffs and the Class at the address listed above.

By Order of the Court
United States District Court for the District of Delaware

Web site: http://www.kmllp.com/

http://www.HarrisStratexSecuritiesLitigation.com/

SOURCE Kirby McInerney LLP